CITY OF EMERYVILLE MEMORANDUM. Economic Development and Housing Department

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1 CTY OF EMERYVLLE MEMORANDUM DATE: April 5, 2011 TO: FROM: SUBJECT: Patrick D. O Keeffe, City Manager Economic Development and Housing Department Resolution of the City Council of the City of Emeryville to Vacate a Portion of Stanford Avenue between Hollis Street and Peladeau Street Currently Used for Public Parking Pursuant to Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code to Enable the Vacated Area to be Converted to a Private Parking Lot in Exchange for Land to be Utilized as Part of the Emeryville Greenway. RECOMMENDATON OR ACTON REQUESTED Staff recommends that the City Council adopt the aforementioned Resolution to Vacate a portion of Stanford Avenue pursuant to Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code to enable the vacated area to be converted to a private parking lot in exchange for land to be utilized as part of the Emeryville Greenway. BACKGROUND On March 26, 2009, the Planning Commission approved the conditions of approval for the 5701 Hollis site (APN ,-9) for Office, Laboratory, or other Commercial Uses development ( 5701 Hollis Development ). The proposed development s mix of uses will remain within the 11,000 square foot building envelope. The development includes a single-story office building on a half acre site bounded by Stanford Avenue and Powell, Hollis and Peladeau streets. Accommodation of over 90% of the site s required parking is to be accomplished through a proposed exchange of City right of way, used for public parking on Stanford Avenue, for a portion of the development parcel adjacent to the Cityowned abandoned right-of-way between Powell Street and Stanford Avenue, which will be redeveloped as a portion of the Emeryville Greenway. The Planning Commission required as a condition of approval that prior to the issuance of a temporary certificate of occupancy for 5701 Hollis, the Public Works Director confirm that the City and the applicant have negotiated an exchange of the parcels adjacent to the Greenway (APNs: ; and ) held by 5701 Hollis LLC, the developers of the parcel, for the portion of Stanford Avenue that could accommodate the majority of the site s parking (with a variance for the remainder). This exchange will not only provide the site with required parking but also provide the City with an expanded greenway parcel. The larger greenway parcel will accommodate additional space for landscaping and potentially active recreational amenities. n order to exchange this property, the City must vacate a portion of Stanford Avenue between Hollis and Peladeau streets totaling approximately 21,000 square feet. The street

2 City Council Meeting April 5, 2011 Vacation of a Portion of Stanford Avenue between Peladeau and Hollis Page 2 of 3 segment proposed for vacation is currently used for public parking. The City Attorney is preparing an Agreement for Exchange of Real Property that will be brought before the City Council in the Spring. The map found in Exhibit A shows the portion of Stanford Avenue to be vacated (for provision to 5701 Hollis use as parking. Exhibit B of the resolution provides the legal description of the property to be vacated. This abandoned area will be exchanged for an area of land to be dedicated to the greenway. See Exhibits C and D for the map and legal description of land to be granted to City in exchange. Once completed, along with two other greenway segments to be constructed in 2011, the Geenway will extend from Stanford Avenue to the Berkeley border. The Emeryville Planning Commission found that the vacation of Stanford Avenue was consistent with the General Plan on January 27 th Development of the Emeryville Greenway from Powell Street to Stanford Avenue is called for in the General Plan. The City Council adopted a Notice of ntent to Vacate the property at its regular March 1, 2011 meeting and notified all residents and property owners within 300 feet of the property of the intent and invited each to the public hearing April 5, 2011 pursuant to Chapter 3 of Part 3 of Division 9 of the California Streets and Highway Code. Staff notified affected public utility companies March 16 th, three weeks prior to the hearing. Further, the Resolution of ntention was posted in locations prescribed by the City Council for posting of notices; three copies of the Notices of Vacation were posted along the line of the proposed street to be vacated for two weeks prior to the hearing; and published in the Oakland Tribune twice for two successive weeks prior to the hearing. DSCUSSON/ANALYSS Staff had not received any correspondence on this matter at the time of report submittal. LEGAL CONSDERATONS Attached to this staff report is the resolution which indicates the City Council is vacating a portion of Stanford Avenue as described and depicted, respectively, in Exhibits A and B to the resolution, pursuant to Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code. The resolution will be considered pursuant to a Public Hearing, noticed for Tuesday, April 5, 2011, at 7:16 p.m. in the City Council Chambers. The City Attorney has reviewed and approved as to form the resolution accompanying this report. AMBER EVANS CED Coordinator, Economic Development and Housing

3 City Council Meeting April 5, 2011 Vacation of a Portion of Stanford Avenue between Peladeau and Hollis Page 3 of 3 HELEN BEAN Director of Economic Development and Housing APPROVED AND FORWARDED TO THE EMERYVLLE CTY COUNCL PATRCK D. O KEEFFE City Manager Resolution Exhibits A and B Map and Legal Description of Area to be Vacated Exhibits C and D Map and Legal Description of Area to be Granted to City in Exchange N:EDHPrivateStaff Reports20112nd quarterapr 5Stanford Street VacationStanford Vacation Staff Report doc

4 RESOLUTON NO. RESOLUTON OF THE CTY COUNCL OF THE CTY OF EMERYVLLE TO VACATE A PORTON OF STANFORD AVENUE BETWEEN HOLLS STREET AND PELADEAU STREET CURRENTLY USED FOR PUBLC PARKNG PURSUANT TO CHAPTER 3 OF PART 3 OF DVSON 9 OF THE CALFORNA STREETS AND HGHWAYS CODE TO ENABLE THE VACATED AREA TO BE CONVERTED TO A PRVATELY HELD PARKNG LOT N EXCHANGE FOR LAND TO BE UTLZED AS PART OF THE EMERYVLLE GREENWAY. WHEREAS, the City of Emeryville established the Emeryville Redevelopment Project Area in 1976 and the Shellmound Park Project Area in 1987 ( Shellmound and 1976 Project Areas ), pursuant to California Redevelopment Law (Health & Safety Code Section et. seq.); and WHEREAS, California Redevelopment Law defines one of the purposes of redevelopment as the elimination of social, economic and physical blight; and WHEREAS, the Agency acquired segments of the Union Pacific spur for the creation of the Emeryville Greenway along the border of the Shellmound and 1976 Project Areas for the purpose of revitalizing a blighted site as well as the neighborhood around the Emeryville Greenway through its redevelopment as a pedestrian and bicycle accessible pathway through Emeryville; and WHEREAS, on March 26, 2009, pursuant to Resolution CPC Number UP08-11/DR08-23/VAR08-03, the Emeryville Planning Commission adopted Conditions of Approval for the 5701 Hollis site (APN ,-9) as a Office, Laboratory, or Other Commercial Uses ( 5701 Hollis Development ) as proposed by 5701 HOLLS STREET LLC, a California limited liability company ( 5701 Hollis LLC ) which stated: B. PROR TO SSUANCE OF TEMPORARY CERTFCATE OF OCCUPANCY 1. Land Exchange. Prior to the issuance of temporary certificate of occupancy, the Public Works Director shall confirm that the City and the applicant have negotiated an exchange of parcels (APNs: ; and -9). n the alternative, prior to the issuance of temporary certificate of occupancy, the applicant shall enter into a Deferred mprovement Agreement with the City for a term expiring two years from the date of issuance of the temporary certificate of occupancy, to ensure completion of the exchange of parcels; and WHEREAS, on January 27, 2011 by Resolution CPC VAC 11-01, the Emeryville Planning Commission made a finding that the proposed vacation of Stanford Avenue between Peladeau Street and Hollis Street was consistent with the Emeryville General Plan; and WHEREAS, the 5701 Hollis Development requires use of a portion of Stanford Avenue for inclusion as private parking in exchange for a landscaped, public pedestrian pathway, thereby requiring the City to formally vacate a portion of Stanford Avenue; and

5 Vacation of a Portion of Stanford Avenue between Peladeau and Hollis Council Resolution April 5, 2011 Page 2 of 3 WHEREAS, said portion of Stanford Avenue to be vacated is described in the legal description attached hereto as Exhibit A and depicted in the map attached hereto as Exhibit B; and WHEREAS, City Council of the City of Emeryville declared their intent to vacate the property depicted and described herein pursuant to Chapter 3 of Part 3 of Division 9 of the California Streets and Highway Code on March 1, 2011; and WHEREAS, a Resolution of ntent to Vacate was published in the Oakland Tribune twice for at least two successive weeks prior to the hearing in accordance with Streets and Highways Code Section 8322; and WHEREAS, three Notices of Vacation were posted along the line of the proposed street to be vacated for two weeks prior to the hearing in accordance with Streets and Highways Code Section 8323; and WHEREAS, a letter was sent March 15, 2011 to affected public utility companies prior to the hearing notifying them of their right to appear and be heard at a public hearing of the City Council of the City of Emeryville on Tuesday, April 5, 2011, at 7:16 p.m., or as soon thereafter as the matter is heard, in the City Council Chambers, 1333 Park Avenue, Emeryville, California; and WHERAS, all persons interested in the proposed vacation located or owning property 300 feet from the location were notified by mail of their right to appear and be heard at a public hearing of the City Council of the City of Emeryville on Tuesday, April 5, 2011, at 7:16 p.m., or as soon thereafter as the matter is heard, in the City Council Chambers, 1333 Park Avenue, Emeryville, California; WHEREAS, a public hearing in accordance with Streets and Highways Code Section 8322 was held April 5, 2011; now, therefore, be it RESOLVED, that in accordance with Streets and Highways Code Section 8322, the City Council of the City of Emeryville does vacate that portion of Stanford Avenue between Hollis Street and Peladeau Street as depicted in Exhibit A and more particularly described in Exhibit B on the condition that 5701 Hollis LLC concurrently convey by grant deed to the City of Emeryville or commit in a valid binding contract to convey to the City of Emeryville that certain real property depicted in Exhibit C and more particularly described in Exhibit D.

6 Vacation of a Portion of Stanford Avenue between Peladeau and Hollis Council Resolution April 5, 2011 Page 3 of 3 ADOPTED by the City Council of the City of Emeryville at its regular meeting held Tuesday, April 5, 2011 by the following vote: AYES: NOES: ABSENT: EXCUSED: ABSTANED: MAYOR: ATTEST: CTY CLERK APPROVED AS TO FORM: CTY ATTORNEY N:EDHPrivateStaff Reports20112nd quarterapr 5Stanford Street VacationStanford Vacate reso.doc

7 EXHBT A, / t/ R=30.0Q' A=36"49'((7' L=19.26'!i? -01"".. '""'::w -~ R=30,OO' A=32 56'21" L=17.26' LeGE.ND E.X5TNCi LOT UNE. P.O.B. ABANDONE.ME.NT LNE. RADAL UNE. PONT OF BE.CiNNNCi t r r---y ( N FEET) 1 inch = 30 ft. CTY OF emerwlle. PLANNERS CVL ENGNEERS, SURVEYORS ALQUOT ALAMe.DA COUNTY CALFORNA 1390 SOUTH MAH STREET Subject.6~.8HQ.Q~MQ!. _ ~~~u~1greek. CAo Job No. ~.!!QQ.l,1() Scale _f =3..Q~~ _ f~5~9~~~-ff-f~2j50 By _1Th1 Date _1L~ilQ.U Chkd...AM- SHEET _L OF L_

8 EXHBT B Pagelof2 DESCRPTON TO BE ABANDONED BY THE CTY OF EMERYVLLE CONVEYED TO 5701 HOLLS STREET, LLC ALL T-AT CERTAN REAL PROPERTY STUATE N THECTYOFEMERYVLLE, COUNTY OF ALAMEDA, STATE OF CALFORNA, BENG A PORTON OF T-E RGHT OF WAY OF STANFORD AVENUE, BENG MORE PARTCULARLY DESCRBED AS FOLLOWS: BEGNNNGAT THESOUTHEAST CORNER'OF LANDS GRANTED TO 5701 HOLLS STREET, LLC,A LMTED LABLTY COMPANY, BY DEED RECORDED AS DOCUMENT NUMBER /3639 ONJULY 16 TH, 2003 N OFFCAL RECORDS, COUNTY OFALAMEDA, THENCE ALONG THE SOUTHERLY LNEOFSADDEED, SADSOUTrERLY LNEBENG COMMON TOTHE NORTHERLY LNE OFTHERGHT OF WAY OFSTANFORD AVENUE, THEFOLLOWNG TWO (2) COURSES: 1) SOUTH 61 44'12" WEST FEET, AND. 2) THENCE SOUTH 51 25'43" WEST FEET; THENCE LEAVNG SADCOMMON LNEAND ENTERNG NTOTHERGHT OFWAY OF STANFORD AVENUE ALONG A NON-TANGENT CURVE BENGCONCAVE EASTERLY, AND HAVNG A RADAL BEARNG OFNORTH 79'42'38" EAST, ALSOrAVNG A RADUS OF FEET, THENCE ALONG SADCURVE THROUGH A CENTRAL ANGLE OF 21'21'54" AND AN ARCLENGTH OF FEET; THENCE NORTH 57 40' 53" EAST38.06 FEET; TERNCENORTH 60 29'47" EAST 17,23 FEET; THENCE NORTH 51 46'52" WEST 3.46 FEET; THENCE NORTH 01 33'49" EAST7.26 FEET; THENCE ALONG ANARCOF ATANGENT CURVE BENG CONCAVE EASTERLY, AND HAVNG A RADUS OF 1.50 FEET, THROUGH A CENTRAL ANGLE '31" AND ANARC LENGTH OF 2.97 FEET; THENCE NORTH 61 49'39" EAST93.97 FEET; T-ENCE NORTH 10 51'02" EAST10,95 FEET; THENCE ALONG ANARCOFA TANGENT CURVE BENG CONCAVE EASTERLY, AND HAVNG A RADUS OF FEET, THROUGH A CENTRAL ANGLE 32'58'21" AND ANARC LENGTH OF FEETTO A PONT OF REVERSE CURVEATURE; THENCE ALONG SADREVERSE CURVE, HAVNG A RADUS OF30.00 FEET, THROUGH A CENTRAL ANGLE OF 36 49'10" AND AN ARCLENGTH OF FEET TOTHEPONT OF BEGNNNG, CONTANNG 6,349 SQUARE FEETMORE ORLESS. Y:20900 slll'veypllllshlegnlsabandonmbnt"leoaldoc

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10 L1 L2(R} LNe. TABLe. N75 04'7"W '50'e a ( N FEET) 1 inch = 50 it. CTY OF E.ME.RYVllE. ALQUOT PLANNERS CVL ENGNEERS SURVEYORS 16.15' P.O.B. P.O.C. ALAME.DA COUNTY 1390 SOUTH MAN STREET SUTE 310 WALNUT CREEK, CA (925) FAX (925) LeGeND Sub ject Qf:JKMLQ!'L e.x5tnci LOT LNe. De.DCATON LNe. RADAL LNe. PONT OF BeCiNNNCi PONT OF COMMeNCeMeNT CALFORNA Job No. ~.9. 1QQLJ.9 Scole _r~ljjl _ By _.<J.Th1 Dale _ll4!?i.fq.l.l Chkd. _teti _ SHEET _1- OF L

11 EXHBT D Page ~f2 DESCRPTON TO BE DEDCATED BY 5701 HOLLS STREET, LLC CONVEYED TO THE CTY OF EMERYVLLE ALL THAT CERTAN REAL PROPERTY STUATE N THE CTY OF EMERYVLLE, COUNTY OF ALAMEDA, STATE OF CALFORNA, BENG A PORTON OF THAT CERTAN DEED GRANTED TO 5701 HOLLS STREET, LLC, A LMTED LABLTY COMPANY, BY DEED RECORDED AS DOCUMENT NUMBER ON JULY 16 T11, 2003 N OFFCAL RECORDS, COUNTY OF ALAMEDA, BENG MORE PARTCULARLY DESCRBED AS FOLLOWS: COMMENCNG AT THE SOUTHEAST CORNER OF SAD DEED ( ); THENCE ALONG THE SOUTHERLY LNE OF SAD DEED ( ) THE FOLLOWNG TWO (2) COURSES: 1) SOUTH 61 44'12" WEST FEET, AND 2) THENCE SOUTH 51 25'43" WEST FEET TO THE TRUE PONT OF BEGNNNG; THENCE CONTNUNG ALONG SAD SOUTHERLY LNE SOUTH 51 25'43" WEST FEET TO THE WESTERLY LNE OF SAD DEED ( ); THENCE ALONG THE WESTERLY LNE, NORTH 14 57'44" EAST FEET TO THE EASTERLY LNE OF SAD DEED ( ); THENCE ALONG THE EASTERLY LNE OF SAD DEED ( ), SOUTH 14 41'51" EAST FEET; THENCE LEAVNG SAD EASTERLY LNE AND ENTERNG NTO SAD DEED ( ), SOUTH 76 20'10 WEST FEET; THENCE SOUTH 10 34'30" WEST FEET; THENCE SOUTH 15 04'55" WEST FEET; THENCE NORTH 75 04'17" WEST FEET; THENCE ALONG A NON-TANGENT CURVE BENG CONCAVE EASTERLY, HAVNG A RADAL BEARNG OF SOUTH 72 37'50", A RADUS OF FEET, ALONG SAD CURVE THROUGH A CENTRAL ANGLE OF 27 39'32" AND AN ARC LENGTH OF FEET TO THE PONT OF BEGNNNG. BENG A PORTON OF APNS & CONTANNG 5,304 SQUARE FEET MORE OR LESS. END OF DESCRPTON THE DMENSONS STATED N THS DESCRPTON AND PLAT ARE GROUND DSTANCES. SEE EXHBT "B" PLAT TO ACCOMPANY DESCRPTON, ATTACHED HERETO FOR REFERENCE ONLY. Y:20900'eurveyP " ts-cga sdedcat[on-legal doc

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